JUDGMENT : 1. We have heard learned counsel on both sides. we are afraid, the judgment of the High Court cannot be supported because it had exercised powers which are not contemplated under Section 100 of the Code of Civil Procedure . We find no substantial question of law arising in the second appeal, but it related purely to factual findings. The failure to follow sub section (4) & (5) of Section 100 of the CPC startles us. Then again, when both the courts below have held that the appellant-landlord need not be compelled to live in a rented premises, to say that he is not actually under threat of eviction is not a correct way of approach. Accordingly, the judgment of the High Court is hereby set aside and the decree of eviction passed against the respondent herein by the trial court as affirmed by the lower appellate court is restored. The appeal is allowed. No costs.